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Labour Court

Silas Hodza & 17 Others v Joubert Mining (Private) Limited & National Employment Council for Construction Industry

[2025] ZWLC 231

Case Details

Court
Labour Court
Date
23 June 2025
Citation
[2025] ZWLC 231
Judgment No.
LC/H/231/25
Outcome
unknown
Case Type
Application

Bench

Presiding
G. Musariri
Full Bench
G. Musariri
Areas of Law
Labour LawStatutory Interpretation
Keywords
unfair dismissalterminal benefitsdesignated agentcertificate of no settlementsection 93(6)
Tags
unfair labour practicejurisdictionstatutory interpretation
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether section 93(6)(b) of the Labour Act applies where a designated agent declines jurisdiction and never begins attempts to settle a dispute","issue_type":"procedural","dispositive":"yes","related_facts":"Designated agent declined to issue notification for conciliation; never began settlement attempts"}
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background
Facts of the Case

Background

The applicants, former employees of Joubert Mining, sought to have their unfair dismissal and terminal benefits claims heard by the National Employment Council for Construction Industry. The designated agent declined jurisdiction, stating the matter had been previously decided by the Labour Court, leading the applicants to approach the Labour Court for an order compelling the NEC to hear their dispute.
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